Seniors that live in Washington need to be aware of elderly law and what this provides for the more vulnerable residents of the state. Depending on the situation, you may need legal help for the elderly if you are in a situation where you cannot act in your own best interest. Understanding what elder law is can be very confusing for many, which is why it is essential that seniors get the help of an attorney specializing in elder law.
What Does Washington Elder Law Include?
Understanding what elderly law includes in Washington is very important whether you are a senior or you know of a vulnerable adult who may need legal services for the elderly. It is important to note that elderly law is going to look different in every state, so you need to specifically understand what this looks like for Washington residents.
The primary basis of elder law in Washington is to safeguard vulnerable adults who have disabilities or require assistance. Its design is to protect these vulnerable adults from abuse and neglect, which can fall into several different categories, such as:
- Punishment
- Exploitation or abandonment
- Sexual, physical, or mental abuse
- Being held needlessly against their will
- Intimidation
In general, elder law ensures vulnerable adults do not have their health, safety, or welfare put at risk. This goes hand-in-hand with adult protective services, which specifically help seniors or vulnerable adults who may be the victims of neglect or abuse.
Elder law also provides resources for when the abuser has power of attorney, whether it is a family member or a friend. These laws present legal help for seniors in Washington state, protecting them from the abuser and revoking the power of attorney if it is proven that there is abuse or neglect going on.
The elderly laws in Washington also establish different resources for individuals who want to help support a vulnerable adult or senior. There are alternatives to guardianship and different protective arrangements, such as power of attorney, conservatorship, and adult guardianship.
Who is Protected by Elder Law in Washington?
The name elderly law can be deceiving as it may make you think that this only applies to people who are older in age. However, Washington State’s Vulnerable Adult Protection Act covers different categories of vulnerable adults who can get protection from elder law. The Vulnerable Adult Protection Act applies to adults such as:
- Anyone over the age of 60 who is unable to care for themselves.
- Anyone who has a guardian or conservator.
- Anyone who lives in a care facility.
- Anyone who gets services at home from a care provider.
- Anyone who has a developmental disability.
Other Aspects of Elderly Law
Although the basis of elderly law in Washington is to prevent the abuse or neglect of vulnerable adults, there are other aspects that are also important. Some outlier aspects of elder law include the preparation for the future so that essential details about your assets and future care are established. You will need to hire an elder law attorney who can help you understand what steps you need to take to better prepare for the future.
Estate Planning
Estate planning is an important legal process that dictates how your estate will be managed and distributed upon the time of your death. In most situations, people use estate planning to dictate who their beneficiaries are so that their valuables and assets are preserved for future generations. Estate planning can also be used to help minimize estate taxes and simplify the process for your loved ones.
Because this is a legal process, it is essential that you have a firm understanding of the legal documents that are required. If estate planning is not done correctly, it may not be legally binding, which can result in issues for your loved ones later on. This is why you need to hire an elder law attorney who has experience with estate planning and what is required in Washington.
You can also use estate planning to express your wishes regarding end-of-life decisions. For example, you can establish a family member as your power of attorney who will make decisions with your best interest in mind when you are unable to do so for yourself.
Long-Term Care Planning
The basis of long-term care planning is often a joint effort where you and your loved ones will create a plan for your future care needs. The majority of vulnerable adults who are either seniors or have a physical or mental disability will need some kind of daily care as they age or their condition progresses. A long-term care plan establishes the type of care you wish to receive and how you wish to receive it.
This plan can also help you come up with financial strategies to cover the cost of long-term care since this can become quite expensive. If there are any types of care you wish to not receive or specifically receive in the future, this is the perfect time to bring that up.
Wills and Trusts
One part of elderly law that is closely connected with estate planning is establishing a will or trust. These are legal documents that are often included in an estate plan but are sometimes created on their own as well.
A will is a more simple legal document that allows you to provide instructions on how you want your property to be distributed to beneficiaries after your death. Is often a good fit if you do not have too many assets to distribute and you only have a few beneficiaries. Whereas a trust is a more complex legal contract where you transfer your property and assets to an account that is managed by a trustee.
Both are very good options that allow you better control over the future and where your assets will ultimately go.
Get In Touch With an Elder Law Attorney Today
To better understand what elder law consists of in Washington, reach out to an experienced elderly law attorney at Legacy Law Group in Washington. Contact us today at 509-315-8087 to speak with one of our attorneys to get the process started.
